♪ >> good morning everyone. i am patty ann brown. >> i am heather cheryleds. it is wednesd -- i am heather childers. thank you for watching "fox & friends first". the white house trying to contain three growing scandals this morning. they are struggling to reflect a barrage of questions. >> clamoring why the justice department swiped associated press records, how the administration handled benghazi and the irs targeting of conservative groups. as you wake up there is brand new information on all three. we will get to that in a moment but first your 5@5:00.

>> brad pitt breaking his center lines about his long time partner's decision to have a double mastectomy. angelina jolie under went the radical procedure after learning she carried the gene mutation. her chances of developing breast cancer have dropped from 87 percent to less than 5. pit says quote it is such a wonderful relief to come through this and not have a specter hanging over our heads to know that's not going to be something that is going to affect us. my most proudest thing is our family, this isn't going to get that. o.j. simpson expected to take the stand today. he says his lawyers botched his defense in the 2008 gas armed robbery case that landed him a prison sentence of 9-33 years. he wants a new trial. the former nfl great did score a small victory during his second day in court. instead of being fully restrained the judge allowed simpson to have one hand free to take notes and to drink water.

>> feeling lucky? there's a jumbo jackpot at steak the power ball lottery stands at $360 million. if no one hits tonight's drawing the jackpot could sore to a record $187.5 million. this is the third largest power ball jackpot in history. are you going to buy tickets? >> i am. >> disgraced anthony weiner is ready to announce his run for mayor of new york city. sources tell new york post after weeks he is going to make it official early this week. reports say he's already busy s. no doubt you probably remember that. wiener resigned from congress back in 2011 after sending out lewd pictures of himself all over twitter. dancing with the stars narrowing the competition down to the final four couples.

>> the couple with the lowest combined total of judges scores and fewer votes and therefore leaving right now is ingo and kim. >> voted off one week before the show's big finale. but he did well. that leaves nfl star jacoby jones country singer kelly pick mer and gymnast aly raisman still in the running to win the coveted title. >> the irs targeting conservative groups eric holder now calling for an fbi investigation into the matter. elizabeth prann has all of the details. >> the administration continue to go get grilled about the poor over site of the revenue service and members singling out taxpayers. now its own attorney general eric holder says the fbi and justice department will

investigate the irs to see if they broke any laws in singling out nonprofit conservative groups. the list of target americans could be growing by nearly 500 organizations. the president who once called the accusations outrageous in a statement yesterday wrote the report findings are intolerable and inexcusable. they must conduct themselves in a way that is worthy of the public trust. that is especially true to the irs. they must apply the law in a fair and impartial way. employees must act with the utmost integrity. some of the employees failed that test. then a report he is referring to shows starting back in 2010 the irs developed and followed a formula some employees did to determine who was engaged in certain political activities and disqualified them from tax exempt status. jack lieu will hold those responsible for failures. the irs has apologized targeting

groups such as the richmond tea party. >> i just don't believe anybody could go rouge in a cubicle in cincinnati and control targeting of so many different conservative groups all across the country to me in my mind it is obvious this was coordinatedd from somewhere else. >> law americas taking the scandal head on. the house weighs and means committee holding a hearing this friday. >> the irs is a powerful entity in our government and interfaces directly with the tax payer. there could be no tolerance for abuse. this is what we have seen. >> slated to testify are steve miller the acting irs commissioner and the treasury inspector general. heather patty ann we will be watching as the week continues. >> elizabeth pran n in washington, thank you. >> another scandal brewing in the white house. eric holder will be in the hot seat in just a few hours. he is testifying before congress

and essure to face a lot of questions as the outrage grows over the justice department secretly obtaining phone records of associated press reporters. ainsley earhardt joins us with this story. >> the government ceased records for 20 phone lines without an explanation. and now attorney general holder says it was necessary because the ap leaked the counter terrorism operation which put americans at risk. >> i have been a prosecutor since 1976 i have to say it is among if not the most serious it is in the top 2 or 3 most serious leaks i have ever seen. >> holder is also shifting the blame. he says the approval for the subpoena came from deputy attorney general james cole who you see here. holder has recused himself from the probe. the white house stand by holder despite the uproar. >> the president is a strong defender of the first amendment

and firm believer of the need for the press to be unfettered in the ability to conduct investigative reporting he also of course recognized the need for the justice department to investigate ladies and gentlemened criminal activity without undue influence. >> ap executives are not satisfied with these explanations. they still don't know what is being investigated but they think it is relate to do a foiled al qaeda plop. five reporters are looking at that story which troubles one attorney general. >> when it comes to national security i think the government am has every right to investigate. when they do they have to do it with a narrow focus. this starts to look like it was a lot broughter than that. >> holder is sure to face tough questions on capitol hill today. both parties are outraged. >> in the first amendment freedom of speech and freedom of the press are to be protected and respected and that's what we have to get to the bottom of

thin this hearing. >> i don't know who did it or why it was done but it is inexcusab inexcusable. there's no way to justify this. >> the rnc is calling for holder to resign. >> thank you very much. from the irs the ap benghazi getting a lot of reaction across the country. today that is what marco rub kwloe is talki-- marco rubio is talking about. saying he is simply embarrassed about what the dales s scandals about our government. despite trying to shift the attention elsewhere it is plain politics. rubio says you have to look to the top. >> we have seen that now through three different incidents that used the government as an instrument of political activity to target political opponents target people saying things you don't like to make life difficult for whistleblowers saying things about the state department that you don't like. i think all of that comes from

the top of the administration. it's embarrassing for the country. these are things you typically see in the third world from unestablished republics and other places. you don't see that here. >> the white house denies it is trying to pass the buck. >> i think you have to separate these issues and i think if you look at the answers the president gave yesterday in response to questions on the one hand about the clear political circumstance cues th-- circus benghazi has become and his response to questions about the report of activity by the irs i think you see something different. >> now it is time for your first degree weather update with maria molina. >> temperatures broke records in the country yesterday. >> yesterday we saw record high temperatures across states like iowa, nebraska, minnesota. take a look at the high temperature reached in minneapolis, 98 degrees, triple

tig gets in sioux city, iowa. 106 degrees is the record. two weeks ago we were talking record snowfall in many of the states incredible to see the shift in the weather pattern from heavy snowfall record breaking snowfall to record breaking heat. today not as hot 80 degrees for the high temperature. the hot temperatures are shifting further east and will be impacting sections of the mid atlantic raleigh, north carolina 88 degrees in washington, d.c. we should be hitting the 80s as well. >> maria molina, thanks. >> it is time to brew on this. one drink get a dui? the ntsb is recommending all states lower their blood alcohol level to .05. that's from .08. the average person weighing 150 pounds would be ore the legal limit with two drinks after an

hour. for folks weighing less would be less. >> alcohol sales are bill payers. to make this .05 happen, when is it going to go to .03 and .01 and then are we going to have complete prohibition again. >> after europe adopted the stricter standards drunk driving deaths were cut by over half in a ten-year period. >> we want to know do you think lowering the blood alcohol level would decrease the drunk driving accidents? shoot us an e-mail at fox friendsfirst@foxnews.com. we will read them later in the show. the time is 11 minutes after the top of the hour. they have been hanging in classrooms for decades but now the fight over the ten command ams in one school is over and there's a clear winner. also a helicopter pilot slipping out lilt early. the high flying aerobatics that has people pointing at the sky.

used a contractor before and didn't know where to start. at angie's list, you'll find reviews on everything from home repair to healthcare written by people just like you. no company can pay to be on angie's list, so you can trust what you're reading. angie's list is like having thousands of close neighbors where i can go ask for personal recommendations. that's the idea. before you have any work done, check angie's list. from roofers to plumbers to dentists and more, angie's list -- reviews you can trust. i love you, angie. sorry, honey. with the innovating and the transforming and the revolutionizing. it's enough to make you forget that you're flying five hundred miles an hour on a chair that just became a bed. you see, we're doing some changing of our own. ah, we can talk about it later. we're putting the wonder back into air travel, one innovation at a time. the new american is arriving.

vietnam in 1972. [ all ] fort benning, georgia in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve.

over any other carrier? many choose us because we have the largest 4glte network. others, because of our reputation for reliability. or maybe it's because we've received jd power and associates' customer service award 4x in a row. in the end, there are countless reasons. but one choi. this is another! ta-daa! try charmin ultra strong. it cleans so well and you can use up to four times less than the leading value brand. oh! there it is. thanks son. hey! [ female announcer ] charmin ultra strong has a duraclean texture that can help you get clean while still using less. and it's four times stronger versus the leading value brand. charmin ultra strong helps keep you and your underwear clean. we all go. why not enjoy the go with charmin ultra strong?

>> it is 14 minutes after the top of the hour. they threaten a school district to remove the ten commandments from their school. hundreds packed the high school to try to save the plaque which has been in the classroom for the last 20-years. t a student complained the plaque is unconstitutional. >> people think i am attacking their religion. i am really not. i am trying to help others so they can feel equal. >> really shocked, disappointed. i really wish we could keep them. i am against their decision fully. >> the board says the plaques have to come down because they can't afford to fight a lawsuit. check this out a red bull helicopter pilot practicing his trick moves over san diego.

the flips to the barely rorel r even dives the pilot is the only one in the u.s. who can do these stunts with a helicopter. i didn't know that was possible. >> i know with planes you can do it but that's something else. >> nearly 2 million college students will graduate and start to find out what their diploma is really worth. with sky rocketing temperatures many are in for a big shock. >> good morning. >> good morning. a big shock they might be weighting tables and baby-sitting and doing odd jobs to make ends meet. that's what we call the under employment rate at 18.3 percent for recent college grads. average debt nearly 25,000 dollars and a third of recent grads will make less than 25,000 dollars. that has got to be awfully upsetting when you just went to a school and graduated and got a

diploma. >> i graduated in may of 2012 i got a ba in drama and communications and i work in a movie theater. i help out with the events, ripping tickets. it's not what expected and it took a while to get the job. >> that has to make you worry you are a senior maybe you are paying to what you get your degree in you may be doing something you didn't plan doing. >> i am diluted. i hope i will be able to do something about poetry. the children have to learn about poems. >> ti am 18 and it's difficult thinking about all of the loans that are under my name right now. >> when you graduate how much debt will that be? >> probably close to 200,000. >> oh. ouch. >> i know. the department of education says nearly 13 and a half of

graduates will default on their loans within three years of leaving college. >> part of it is the cost of college now has gone way up. way beyond the rate of inflation. >> i wouldn't be surprised if we start to see tuition down a little bit because they are not going to be able to fill the seats because people are reevaluating whether it is worth it. >> lauren simonetti. still to come on the rundown one state is about to let a lot more people vote. if you are old enough to drive you are old enough to cast a ballot. in a few hours o.j. simpson will make his case for an early release. can he prove his own attorney botched his case. arthur aidala on that next.

>> it is 21 after the hour. a town is making history bay lowering the voting age to 16. they approved the measure 6 to 1. members argued they wanted to give more people a chance to participate in government. the council voted to allow convicted felons who served their time to vote. will smith's 14-year-old son wants to be em man's pated from his parents so he can have his own home. jaden myth smith is gearing up for his 15th birthday in july. o.j. simpson expected to take the stand today. he is pleading for a hail mary saying that his 2008 lawyer botched his case that sent him to prison for what could be the rest of his life. here with insight is criminal defense attorney and fox news

legal analyst arthur aidala. also the best attorney in the country. right s right? >> that would be an appropriate 522 promo. >> does he deserve a new trial? >> evidence that comes out that he deserves a new trial first it has to be grounded in a conflict of interest by the defense attorney. so in other words, i will give you a crazy example. the guy who is testifying was also one of the attorneys grass so. let's say he testifies. the prosecutor offered him a deal to one year in jail. the attorney told me we are not going to tell oj about it because the trial is going to be on tv it's going to blow up our law practice and it's more important to us to go to trial than plea. that would be automatic reason. if oj is saying before he went into the hotel room and asked

the attorney his professional opinion and he said can i do this and yale said yes and he should have been a witness to some degree as a trial. now that's a conflict of interest possibility. judges really don't want to over turn or we say disrupt a jury's verdict unless there's some play ta blatant violation. >> will it come down to a case of character? >> credibility. >> obviously it does. oj is testifying he really wanted to testify and the attorney wouldn't allow him to testify. the other attorney who is testifying now in his opinion oj should have testified fkt that's wishy washy. >> the two attorneys used to be friends. >> who knows why. look i don't care yale should be like look it's going to help oj i will do whatever i am supposed

to say to get him out of there. >> we are talking comb this because oj is going to testify. what do you think he's going to say? >> i think he's going to say i want to testify. let me testify. i never took a play he never told me about a plea. i was the one he spoke to me before i went into the hotel room. he should have had the professional et licks to recuse himself be a witness advisor but not an attorney. >> he will be able to drink water and take notes. thank you for joining us. >> thank you, good morning everybody. bright and early. >> coming up a little girl snatched right in front of her mother and then stuffed in the trunk of a car. >> she was like he stole me. he stole me. she jumped out -- she is hanging out she jumped out as the car was still going. >> details on that little girl's incredible escape coming up. >> they need to charge all of

the special fees about to offset rising costs but wait until you hear just how much they profited. the most amazing thing is how like us these chimpanzees are. [ laughing ] [ woman ] can you hear me? and you hear your voice? oh, it's exciting! [ man ] touchdown confirmed. we're safe on mars. [ cheers and applause ] ♪ hi. [ baby fussing ] ♪ mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle.

with three of your daily vegetable servings we are gathered here today to celebrate the union of tim and laura. it's amazing how appreciative people are when you tell them they could save a lot of money on their car insurance by switching to geico...they may even make you their best man. may i have the rings please? ah, helzberg diamonds. nice choice, mate. ...and now in the presence of these guests we join this loving couple. oh dear... geico. 15 minutes could save you 15% or more on car insurance. >> good morning welcome to "fox & friends" first. >> i am heather childers.

>> i am patti ann browne. the white house is trying to contain three scandals this morning. jay carney struggling to deflect a barrage of questions. >> why the justice department handled benghazi and the irs targeting of conservative groups. as you wake up there is brand new information on all three and we will get to all of them in just a moment. first your 5@5:30. an american diplomat accused of being a sky rushed out of the country. ryan fogle a third secretary at our embassy tried to recruit a russian intelligence agent. he was caught with a spy kit suitable for a ten--year-old and wearing a blonde wig. he has been handed over to the u.s. embassy. he has diplomatic immunity. the state department only saying he is an embassy employee.

>> a little girl smached in broad daylight. he attempted to kidnap a 7-year-old in sacramento, california. the little girl was walking with her mom he quickly grabbed the girl and put her into his trunk. amazingly she escaped. >> she was hanging out and she jumped out as the car was still going. he kept trying to stop to get the drunk to go back down. when he saw my husband and me run out, he freaked out. he was going to get out and get her but he freaked out and kept going. >> girl only suffered minor bumps and bruises. >> so glad she is okay. >> the irs may not be the only government agency that unfairly targeted conservative groups. an investigation shows that conservative groups seeking

information from the epa has been charged fees. the same requests were waived nearly 90 percent of the time for green groups. the epa says the groups did not say why the waivers were warranted. >> they sthar paying it forward but robin hood and his merry men were sued for paying parking meters. they shadowed police leaving notes for the drivers. the group claims it is being targeted because the city is moving money. the city says it is justified because the group is par rasing officers. finally dodger's pitcher hue making a little fan's dream come true. a catch in the boy from the stand playing batting practice. the boy even has a pretty good arm. >> that is your 5@5:30.

>> now to the growing scandal in washington. the irs targeting conservative groups. eric holder is calling for an fbi investigation. we have the developments live from dc. >> multi scandals and attorney general eric holder will find himself in the thick of it as he testifies before congress. he announced a criminal investigation into the irs mission. conservative groups face extra test groups. >> i think everyone can agree if not criminal they were outrageous and unacceptable. we are examining the facts if there were criminal investigations. >> the inspector general report now shows despite blame on low level employees it was heyer up in washington that was ultimately responsible. this started back in 2010 and irs officials have known about

it since 2011. president obama released a statement saying the report's findings are intolerable and inexcusable. the public governme government a way that it has the public's trust. groups paranoid about government over reach. >> it doesn't make us feel better but it makes us feel vindicated. a year or year and a half ago we were saying that we felt this was a problem. i guess you could say i told you so but that doesn't make us feel any better. >> this is what some of the groups had to face. this is a questionnaire from a group from the irs it includes dozens of questions about every nuance of the group's activity even the facebook posts. some in congress will allege this in and of itself amounts to intimidation on the part of the

irs. >> as you heard doug tell us in a few hours eric holder will be on capitol hill facing tough questions as the outrage grows over the justice department secretly obtaining phone records of associated press reporters. ainsley joins us with more. >> the government ceased records for 20 phone lines without explanation. now attorney general eric holder says it was necessary a counter-terrorism operation that put americans at risk. >> i have been a prosecutor since 1976 and i have to say this is among if not the most serious it is in the top 2 or 3 most serious leaks i have ever seen. >> in addition holder is shifting the blame. he said the approval for the subpoena came from deputy attorney general james cole. he recused himself from the probe. the white house stand by holder.

>> the president is a strong defender of the first amendment and firm believer for the need for the press to be unfettered in the ability to conduct investigative reporting. he sees the need to investigate trill activity without any indue influence. >> the ap executives aren't satisfied with the explanation. they say they still don't know what is being investigated but they think it is related to a foiled al qaeda plot to blow up a plane last year. they are working on the story which troubles one former attorney general. >> when it comes to national security the government has every right to investigate. when they do they have to do it with a narrow focus. it starts to look like it was a lot broader than that. >> holder is sure to face tough questions on capitol hill. lawmakers from both parties are outraged. >> freedom of speech and freedom

of the press are to be protected and respected and that's what we have to get to the bottom of it. >> die know who did it why it was done but it is inexcusable. no way to justify this. >> the rnc is calling for holder to resign. we will be following the hearings as you know. >> the leaders of the panel that investigated the terror attack in benghazi how testifying. the work of thomas bickering and mike mullen is coming under fire. >> they face tough questions about failing to interview key witnesses and hillary clinton absolved of any wrong doing. that's what donald rumsfeld is talking about this morning. he is still shocked any one in the administration could ever have blamed a video for the attack. >> i can't image how a person could stand up there when everyone involved knew it was a

terrorist attack. it was the anniversary of 9-11 people were not demonstrators they were well armed and the idea that it was somehow related to a youtube video and that narrative kept being mroeted i suppose it is because it was their hopes and what they wanted to be the case. >> that attack left four americans dead. >> it is if i am for the first degree weather update with maria molina. good to see you. good morning. we were talking about record heat yesterday across sections of iowa, nebraska, minnesota. thig these are states dealing with record breaking snow. it is across iowa and sioux city you reach 106 degrees reaching

an all-time high temperature for the entire month of may. enc encredib enincredible stuff ae midwest. not as hot in places like st. louis. heat spreading across the mid atlantic. 85 for the high in washington, d.c. 87 degrees expected in the city of rale lae. showers and isolated storms. stronger storms will be possible in the state of texas so we will keep an eye on that of course. >> thank you very much maria. the time right now 39 after the hour. still to come, do you find it hard to lose weight? it may have something to do with genetics. >> then they came to america because they were being persecuted for home schooling their kids. now a judge has ruled on whether they will be deported. so what is next for them? we will tell you on the other side of the break. all business purchases.

so you can capture your receipts, and manage them online with jot, the latest app from ink. so you can spend less time doing paperwork. and more time doing paperwork. ink from chase. so you can. you you

>> 17 until the top of the hour. headlines in t-- airlines collected 6 billion in baggage and reservation change fees. that's the highest amount ever. passengers likely won't get relief any time soon. the fees helped the industry make more money rachlt new study out of holland finds 30 percent of women have mutated dna that fuels the development of fatty tissue making them more likely to pack on the pounds. researchers say while you can't

change your genes you can change your eating and exercise habits. mcdonald mcribs meet your mcrival. the bk rib sandwich boneless like the mcrib. there are other items like a pulled pork sandwich and sweet potato fridaes. >> they came to the united states so they could home school their children. a major set back for one german family. their request for asylum has been denied. anna kooiman is following this development. >> a u.s. appeals court ruling the family failed to prove their case and the situation does not qualify them for political or religious asylum here in the united states. they are an evangelical christian family that left germany in 2008 this after the government threatened to take their 6 children and throw both parents in jail because they wanted to educate their kids from home. home schooling in germany is illegal.

the u.s. granted them political asylum in 2010 and the family moved to tennessee where they have been home schooling their kids ever since. last year the obama administration challenged it saying the practice of parents educating their children cannot be used as a basis to seek citizenship and attempted to send them back to germany. we talked to the mother about what that would -- the father to see what that would be like. >> i think it's persecution when the government tries to take away your children from you. >> the family now faces deportation. michael ferris of the home school legal defense association represents the family. he says the court is wrong and they are not giving up without a fight. they plan to afeel that decision. we will learn much more about this case and if the family could face criminal prosecution in germany. a little later this morning michael ferris will be live on fox and friends coming up at 8:15. ladies? >> thanks anna. the time now is about quarter

till the top of the hour. as you get ready for work the lotions the makeup and the creams part of your morning routine be killing you? our next guest says yes. >> an eagle let the fisherman do all of the hard work and moves in for the steal. so...how'd it go? well, dad, i spent my childhood living with monks learning the art of dealmaking. you've mastered monkey-style kung fu? no. priceline is different now. you don't even have to bid. master hahn taught you all that? oh, and he says to say (translated from cantonese) "you still owe him five bucks." your accent needs a little work.

>> all right coming up on "fox and friends top of the hour dave ramsey will join us. also dr. keith ablow looking at whether we are formal or nuts. someone who made a decision got a double mastectomy after losing her mother to breast cancer. the lamborghini 50th anniversary and maria molina helping them celebrate. see may steal the car during the program. actress ashley tisdale appears. a busy "fox & friends" kicks off

10 minutes from now. ladies, back to you. >> all right, steve, thank you. now for the shot of the morning. it's my son connor. this weekend he had his his firt holy communion. my husband and i are very proud of him, congratulations. >> you should be patti ann. >> time for the good, the bad, and the ugly. up first the good. a special graduation surprise for a missouri teen. [applause] >> army staff sergeant steven anderson returns home from afghanistan in time to sneak into his son's steven's graduation. he surprised his son when his name was called for his diploma. up next, the bad. you want can he khefp with that? -- up catsup with that? you have to pay up.

mcdonald's is starting to charge for it in several locations. owners say to keep costs down. >> the ugly. a bald eagle stealing a fish off the hook. the cameraman said the eagle also made off with his bait and fishing line too. patti ann? >> as you're getting ready for work this morning, you may want to read ingredients in all those lotions, creams and makeups you're using. some could contain deadly toxins. here to explain is safe beauty expert, industry expert david pollin. we worry about the food we drink, -- food we eat and water we drink. >> up to 60% of ingredients we put into our body can be absorbed into our body. we need to look at what's on the ingredient

statement. i've done work for almost every major brand, not just makeup but even skin care and personal care. over the years i've watched family members and friends fight the battle of cancer. it's been a tough battle. being in the room when a doctor tells you that if it's this type of cancer, it's because of this chemical or this type of cancer because of this chemical, i had to ask. they said we don't know all but we know certain ingredients cause certain problems. i said i've got to make a change. i don't know how it's not on the news every day. i said i've got to get out there and i made a change. >> you have a list. we'll give the top five. there are more on your website. the one you think people have to avoid is parabins. 130eu7 they are considered a food grade preservative. there are studies to show it can cause cancer. when you've got something dangerous going into the body, why use it? >> the industry says it is absolutely safe and the f.d.a. has a quote we'll put up now.

the food and drug administration. the f.d.a. believes at the present time there is no reason for consumers to be concerned about the use of cosmetics containing parabins. yet, in europe this and many others are banned. >> in europe 1,100 different ingredients have been banned or regulated because they have been found to be harmful or toxic. in the u.s. it is only 11. the f.d.a. can say what they want. there are studies to show otherwise. the bigger concern is how do they test it? it is in so many products i put on my body, in a lot of the foods i eat. now you've got layer after layer, the quantities are unpwhraoefpbl. >> they talk about how it is a tiny bit. you want to get to the nonbanned ones, the ones you say should be banned. p.e.g.'s and glyecols. >> all different types. there are known carcinogens. at trace levels it is

supposed to be okay. the problem is it is in almost everything, even down to tooth paste. >> sulfates, petro chemicals, includes mineral oil and even petroleum jelly? >> that is correct. >> and synthetic fragrance which you say allows them to get away with adding back others. >> if it has the word fragrance on it, the f.d.a. says anything involved in making the smell including glycol can be hidden under the word fragrance. it can still smell nice, but to avoid anything that doesn't disclose it hiding under the word fragrance. >> for more information people can go to your website which is? >> justaskdavid.com. >> thank you. the time six minutes till the top of the hour. it is your last chance to answer our question of the day. we told you the government wants to lower the d.u.i. threshold to one drink. we asked you if you think lowering the blood alcohol level would decrease the

number of drunk driving accidents. it depends on your weight. >> we want you to send in your prom photos. this is patti ann. can you guess who's pretty in pink? in pink? i guess i gave that away. ...amelia... neil and buzz: for teaching us that you can't create the future... by clinging to the past. and with that: you're history. instead of looking behind... delta is looking beyond. 80 thousand of us investing billions... in everything from the best experiences below... to the finest comforts above. we're not simply saluting history... we're making it.

it's hard to describe, because you have a numbness, but yet you have the pain like thousands of needles sticking in your foot. it was progressively getting worse, and at that point i knew i had to do something. once i started taking the lyrica

the pain started subsiding. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don'drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain.

ask your doctor about lyrica today. cheryl burke is cha-cha-ing in depend silhouette briefs for charity, to prove that with soft fabric and waistband, the best protection looks, fits, and feels just like underwear. get a free sample and try for yourself. >> it is about two minutes till the top of the hour. before you leave the house here's what's happening today. o.j. simpson expected to take the stand. he says his lawyers botched his defense in the 2008 vegas armed robbery case

and he wants a new trial. >> prince harry wrapping up his u.s. trip in connecticut at a polo match for charity. after that he is headed back home to england. >> there are 360 million reasons to play the lottery today. that's how much tonight's powerball jackpot is. >> now it's time for your question of the day responses. we told you that the ntsb wants to drop the blood alcohol levels for driving to .05. that means that some people could be over the legal limit after just one drink. >> we asked you to weigh in. bill says of course it will lower deaths. if bar owners are worried about business, i think if their customers are alive that would be better for business than if they were dead. >> brian says lowering the limit will have no effect, as almost all related deaths are caused by those with a blood alcohol content well above the current .08 limit. >> michael writes no one is suggesting a return to prohibition. it is not too much to ask that if you're going to

drive then you don't need to drink. thank you to everyone who responded. before you go, we've been showing prom photos. prom season is almost here. we wanted to share some of ours with you. we saw heather's earlier in the week. now we have someone else who looks familiar. mine. a few years ago. you're being very generous. thank you. >> "fox & friends" starts now. goodbye. >>gretchen: he made it to the middle of the week. good morning everybody. today is wednesday. it's may 15. i'm gretchen carlson. thanks for sharing part of your day with us. the i.r.s. plot to conservative no longer limited to a couple of cubicles. today more of the real story coming out. not only were superiors involved. the names of several top senators could be tied to this as well. >>steve: meanwhile president obama claims outrage after reading the i.r.s. report. but you may be outraged too when we tell you how one of his own family members got